Comments Thread For: Ellerbe, Koncz Trade Verbal Shots Over $5 Million Fine

[MDPopescu]

this is what i have been waiting almost forever and now someone use the term "breach of contract" if there was no agreement that one can call off the fight if the other one fails the drug test what exactly in the contract does the one who fails the test breach?

... If no provisions in the contract... they still have to go to a court of law...

[Kagami Taiga]

this is what i have been waiting almost forever and now someone use the term "breach of contract" if there was no agreement that one can call off the fight if the other one fails the drug test what exactly in the contract does the one who fails the test breach?

u actually think there has to be an agreement for that to happen? a breach is a breach, it doesnt have to be expressly stated in the contract. it can be implied. a contract is a good faith document, cheating for whatever purpose when it comes to fulfilling the duties of that contract, especially when that cheating negatively impacts the well being of the other party of that contract, will most certainly constitute a breach of contract.

[Rath]

... If no provisions in the contract... they still have to go to a court of law...

was there any recorded precedent for this kind of case? what was the verdict?

[Kagami Taiga]

this will make it simlpe. if a contract calls for two industrial grade steel pipes to be produced by one side for the use of the other but instead of two industrial grade steel pipes, the other side gets two lead pipes, just about every court in the nation would see that as a breach of contract. it doesnt have to be expressly stated. it is implied by the terms of the contract. now in this case, if this fight calls for the meeting of two usada tested clean fighters to meet in the ring but instead we have 1 fighter who is roided up to his gills, thats also a clear breach of contract, whether stated or not.

[Jsmooth9876]

Probably the same reason Pacquiao refused drug testing alltogether in 2009.

Sure...except that never happened. But you can live off that dream forever if it makes you feel better. The fight is happening May 2nd, what will the excuse be if Manny wins ?

[MDPopescu]

was there any recorded precedent for this kind of case? what was the verdict?

... There were: in professional cyclism... Guys who failed to provide their whereabouts necessary for the drug testing authority to check on them... They were banned from all competitions... But in the Armstrong case, there were the sponsors who sued him in order to get their money back...

[Marvellous1]

... There were: in professional cyclism... Guys who failed to provide their whereabouts necessary for the drug testing authority to check on them... They were banned from all competitions... But in the Armstrong case, there were the sponsors who sued him in order to get their money back...

Interesting..... thanks for the info.

[jondacon]

YEAH DICKHEAD thanks for repeating what I been saying the whole 2 hours! Thank me for giving you enlightenment and stop acting like a ****** teenager, trying to talk back to their parent with the knowledge given to them by said parent.

Hey idiot... i wasnt referring to what YOU said... i was referring to you AGREEING with the Rios fan when he was wrong... you understood, you just didnt read what he wrote correctly. "Atleast in his last Paragraph" was what i was referring to. You didnt "give me knowledge" cuz unlike 95% of NSB i knew exactly what he was saying when i read it the first time. Cute try tho.

[jondacon]

Since it seems that most everybody in this thread has the same law degree as Leonard Ellerbe... I would like to know

If somebody does fail a drug test, is there any law or blurb in the contract that requires them to pay a significant amount to the other party that far exceeds $5 million?

Has any other boxer who failed a drug test legally obligated to pay money to the opponent for the failed test?

To answer your dumb question simply, no. There doesnt need to be any law or "blurb" thats understood. Its common sense, a contract doesnt have to give permission to sue, are you daft?

Because no other fighter's fights are worth $200mil.

No other fighter foots the bill for the entire production.

So yes Floyd can sue for far more.


The point that everyone seems to be missing is where both Arum and Ellerbe say "the language" that was used... what you have to understand is Koncz works for MANNY, granted WITH Top Rank but he's looking out for Manny's best interest. If Manny was to fail the drug test, thus being suspended for 4 years, then theoretically BOTH Top Rank AND Mayweather can sue Manny for damages and lost wages. Mayweather would sue him for losing out on the fight, Arum would sue him for the same PLUS however many fights remained on his contract since he obviously would be missing 4yrs of paydays atleast 2wice a year. The way Koncz tried to stipulate it, it would've only have allowed Manny to be sued for $5mil which is why BOTH Arum and Mayweather rejected it.

[alexguiness]

Ellerbe is such a douche bag.

I wouldn't leave him alone with my kids.

They might fall into one of his nostrils or something...